ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The:
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario
Registrar
-and-
2005715 Ontario Inc. operating as Applejack’s Restaurant
Licensee
DECISION
Panel: Eleanor Meslin, Board Member Bruce S. Miller, Board Member
Decision Date: August 30, 2010
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Rena Khan, Representative 2005715 Ontario Inc., Licensee ) Theodoras Tsanas, On his own behalf
A hearing into Notice of Proposal number 18011 dated April 15, 2010 to revoke liquor licence number 25465 (the “licence”) issued to 2005715 Ontario Inc. (the “Licensee”) operating as APPLEJACK’S RESTAURANT, 3757 Keele Street, Toronto, Ontario, M3J 1N4, on the basis that the licensee would be disentitled to a licence under section 6 of the Liquor Licence Act (the “LLA”), was held on August 20, 2010, in the City of Toronto.
Ms Khan and Mr. Tsanas submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submissions on Disposition (Exhibit #2) which form part of this decision.
Based on the Agreed Statement of Facts, the Board found that the Licensee breached clauses 6(2)(a) and 6(2)(d) of the LLA. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submissions on Disposition, the Board confirms its oral ORDER that the Licensee, 2005715 Ontario Inc. operating as APPLEJACK’S RESTAURANT, 3757 Keele Street, Toronto, Ontario, M3J 1N4, liquor licence number 25465 will make monthly payments of $1,500 to the Ministry of Revenue commencing September 15, 2010 until the amount owing is paid in full.
DATED AT TORONTO THIS 30^th^ DAY OF AUGUST, 2010.
ELEANOR MESLIN, BOARD MEMBER BRUCE S. MILLER, BOARD MEMBER
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2005715 ONTARIO INC. OPERATING AS APPLEJACKS LICENCE NUMBER 25465
AND IN THE MATTER OF A NOTICE OF PROPOSAL ISSUED
AGREED STATEMENT OF FACTS
The licensee, after consultation with counsel or having being advised of the right to counsel and having waived that right, and the Registrar agree to the following facts:
The Licensee breached subsections 6(2)(a) and 6(2)(d) of the Liquor Licence Act.
The Licensee has shown remorse and co-operated with the Commission.
The Licensee has no prior record of discipline imposed by the Board.
JOINT SUBMISSION ON DISPOSITION
The licensee, after consultation with counsel or having been advised of the right to counsel and having waived that right, and the Registrar jointly submit that the following disposition is appropriate in the circumstances:
The Licensee will make monthly payments of $1500 to the Ministry of Revenue commencing on September 15, 2010 until the amount owing is paid in full.
If there is a breach of paragraph 1 above, the licensee agrees to a hearing before the Board of the Alcohol of Gaming Commission of Ontario on an expedited basis, which will commence 10 days within the issuance of Notice of Proposal, if so required by the Registrar of the Alcohol and Gaming Commission of Ontario.
DATED AT TORONTO THIS 20^TH^ DAY OF AUGUST, 2010.
RESPECTFULLY SUBMITTED,
Theodoras Tsanas Rena Khan Licensee Registrar’s Counsel